Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-10-13
THE BOYCOTT CASE.
knights Of Labor Dissatisfiea with the
Decision.

THE BOYCOTT CASE.
knights Of Labor Di.sasisfsea with IN.
Decision.
PROPOSED PUBLIC pKAoNsTRAT1oN-A TALK wrrH
COUNSEL RAIsroN-wHAr JUDGE sxEIL SAYS
The recent decision of Judge Smell In the how
cotting case, brought against members OF the
musical Assembly, has been the subject OF much
comment among Knights OF Labor and others, and
IL Is proposed to have q public demonstration to
express disapproval OF it,
I'VE hold, said Mr. j. II. Ralston, one OF the
counsel for the defendants In the case when asked
Dy STAR reporter about it to-day "that the case
OF these men has never been heard. In the frst
place when the trial begun, we demurred to the
information as not charging anything that was
CRIMINAL but Judge Smell refused to entertain the
demurrer. The trial then went on and when tho
testimony for the prosecution was closed we de.
INJURED 70 the evideT ce. insisting that even ad-
sumcient TO establish the crime charged or any
other crime. This demurrer the Judge also refused
offered some OF our testimony. While we were
80 doing Judge Shell expressed q doubt as to
whetner the Government had made out case,
was practically renewal by the court OF our de-
murrer TO the evidence, and we claimed that we
should have the opening and closing OF the argu-
ment on that question. The court, however, re-
fused this and said that the district attorney
should open and close. In the argument after
myself had spoken for the de ense, the Judge said
that upon looking over the testimony he had con-
cluded tnat the testimony offered by the Govern
ment IN reference to conversations with LochbRhler
ought TO be met by the defense, and he would hear
what testimony the defense had to ofYer on that
point. we therefore put upon the stand the two
men VINO conversed with Mr.. LochbGnler, and their
testimony showed, as 1 think, the innocent
character OF the conversations The district at
torney was then permitted to introduce additional
w AA
onered Then the argument was resumed, Mr..
Worthington going on with his closing address.
ditional testimony offered. The judge, having In
Vlted argument to settle the question as TO
whether the Government had made out case,
the decision OF the judge could only be addressed
10 that question, and could not or right have been
conclusive or the whole case. The Judge should
have limited himself In that decision to deciding
In one OF Two ways, namely: either that the Gov
ernment had not made out q case and the defend.
ants should be discharged, or that there was a
justify the court In requiring US to rebut it. But
as It was the courts decision was that these men
were guilty, pronouncing Judgment as II the whole
WHAT COUNSEL MOORE SAYS.
Mr.. Chas. S. Moore, who appeared as counsel for
the defendants in the case, said to STAR reported
tn morning that his clients did not get a fair
trial. but he did not care to enter into any discus
sion or controversy with Judge Smell about the
it comes to trial the defendants viii be vndcated
by jury OF twelve men. The judge, he said, prac-
ucally conceded that the prosecution had moi made
and said IL was not necessary for the defense 10
call any more witnesses. He could not understand
how such judgment could be delivered after the
declaration from the bench that the prosecution
had not made out case. When the decision was
announced, Mr.. Moore said he was astonished, be.
defense and had been told that 1t was unnecessary.
He could not help thinking the judgment was un.
just The principles OF law as Judge Smell an
nod ham runGi- tod h,rff fhaxra
all t the facts in this case. There is such thing
as carrying the prosecution Of organized working
Wsnra TOO Tar Ths line should be drawn some
have been drawn before 1t reached the point
where the parties accused should be denied the
LATTER the testimony had been cut short i and the
argument proceeded WITH" continued MI. Moore,
"Judge Smell told me there was only one mans
the defense. That was Lochboehlers, and We
were given an opportunity TO meet that. We did
introduce two or the Defendants as tothe partfcu-
lar conversation had with Lochboehler, following
out the suggestion OF the court. But the district
attorney was allowed to introduce additional tes-
timony, which we claimed was Improperly intro
after all this the court said: 'The Government
has not made a very strong case"
JUDGE SMELL EXPLAINS.
Judge Smell said 70 STAR reporter, when his at
tention was called to the NATTER that the defend
ants, ,demurred, but ultimately withdrew their de-
ment was heard. Said the judge: 1.-THE testimony
having been taken by a stenOgrapher, except In
the case OF q few witnesses, there was no oppor-
tunity to examine 1t until during the argument,
when went over II. found some portions OF it
stronger than II appeared at hrst. informed
Mr.. Moore OF this fact and told him he would be
allowed to pu. in what testimony be desired He
accepted the offer, the record shows and put In
ali the testimony he desired before Mr. Worthing
tons reply, and was allowed the opportunity 10
make further argument II he desired, which he
declined. II he did not put on more witnesses it
during the trial did the court announce
that the Government had no case, but IL did say
In checking the enthusiasm OF the prosecution,
that this case did not appear strong case II did
not allow the demurrer and cautioned the defend
ants against pressing IT, and Its formal withdrawal
was made by the associate counsel, Mr.. Ralston.
The judgment Of the court was based upon the
idea that the case was not strong one in features
OF violence, but still typical case OF conspiracy
at common law"
Judge Smell referred to the stenographer's report
OF the trial. where, after hearing the testimony OF
August Naecker, iC read: 1.-THE United states here
closed its case" The last witness called in the
case, according to the record was Charles F. Kozel
After his testimony the stenOgrapher's report
reads: "The testimony on both sides was here
announced as closed"
DISTRICT ATTORNEY woRTHNGroN,
when asked this morning what he had to say in
reference to the decision, replied 81 do not desire
to try the case in the newspapers. The case has
been appealed, and what have TO say on the sub
1ect will be In court and In the presence OF the
counsel"
Mr. Bell Sails for Home.
AND THE THISTLE WILL SAIL AFTER THEN TOMORROW
The New York Sun to-day says: Mr. James